May 4, 2025
Legalpedia Citation: (2015) Legalpedia (CA) 36411 In the Court of Appeal HOLDEN AT ABUJA Wed Mar 25, 2015 Suit Number: CA/A/44/2011 CORAM PARTIES 1.MADENI CONSTRUCTION COMPANYMOHANNAD JIHAD […]
CORAM
PARTIES
1.MADENI CONSTRUCTION COMPANYMOHANNAD JIHAD GHRAIZI (Substituted for JIHAD MOHAMMED GHRAIZI deceased Appellant) APPELLANTS
ABDUL-MAGID MOHAMMED GHRAIZIAKINTOLA AFOLABI RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs/Appellants took out an Originating Summons out of the Federal High Court Abuja, against the Defendants/Respondents, seeking declaratory reliefs. After hearing both parties the trial Court dismissed the action. Dissatisfied with the decision of the trial Court the Plaintiffs/Appellants appealed to this court while the Respondents filed a preliminary objection on the ground that the non-use of the legal name of the company both at the trial court and before this court has rendered the judgment and the appeal incompetent in law for want of juristic person. Consequently, the Appellants filed a motion on notice for leave to amend their notice of appeal and all processes, by amending the name of the 1st Appellant to read “Madeni Constructions Ltd.”
HELD
Preliminary Objection Succeeds
ISSUES
– Whether the 1st appellant is a juristic person that can maintain an action at the lower court and on appeal in this Court.
RATIONES DECIDENDI
PARTIES TO AN ACTION – ONLY NATURAL PERSONS OR JURISTIC PERSONS ARE COMPETENT TO SUE OR BE SUED
“The appellants have argued that the use of the name of the 1st appellant as it is, is only a misnomer, due to inadvertence. It may be inadvertence, but it is much more than a misnomer as it is a dead body which can neither sue nor be sued, and no order can be enforced against it. The Supreme Court referred to the cases of Shitta Vs. Ligali (1941) 16 NLR 23 and Agbon Magba Bank Ltd Vs. General Manager G.B Ollivant Ltd (1961) 1 ALL NLR 116, in the case of Ataguba & Co. Vs. Gura Ltd (2005) 8 NWLR (Pt. 927) 429 and held that-
“Undoubtedly, for an action to be properly constituted so as to vest jurisdiction in the court to adjudicate on it, there must be a competent plaintiff and a competent defendant. As a general principle, only natural persons, that is, human beings and juristic or artificial persons such as body corporate, are competent to sue or be sued. Consequently, where either of the parties is not a legal person, the action is liable to be struck out as being in competent”
MISNOMER – MEANING OF MISNOMER
“Misnomer simply means a wrong use of name. It is all about mistake as to name and not mistake about identity – Maersk Line and others Vs Addide Investment and others (2002) 11 NWLR 317”.
CASES CITED
STATUTES REFERRED TO
Companies and Allied Matters Act 2004
Court of Appeal Act 2004
Evidence Act 2011